CAT/C/CHN/CO/5
provided disaggregated and complete information on the number of torture-related
complaints, received from all sources, for each of the crimes that cover the various aspects
of the definition of torture. It has also received no information on the number of
investigations on torture allegations initiated ex officio by procuratorates or as a result of
information reported by doctors. The Committee notes, furthermore, that the State party has
failed to produce information about the criminal or disciplinary sanctions imposed on
offenders (arts. 2 and 12).
23.
The
Committee
reiterates
its
previous
recommendation
(see
CAT/C/CHN/CO/4, para. 20) and requests the State party to provide information on
the number of torture-related complaints received since 2008, the number of
investigations on torture allegations initiated ex officio by procuratorates or as a
result of information reported by doctors, and concerning the criminal or disciplinary
sanctions imposed on those found to have committed torture or ill-treatment. The
Committee also urges the State party to establish an independent oversight
mechanism to ensure prompt, impartial and effective investigation into all allegations
of torture and ill-treatment. The State party should take the necessary steps to ensure
that:
(a)
There is no institutional or hierarchical relationship between the
independent oversight investigators and the suspected perpetrators of torture and illtreatment;
(b)
The independent oversight mechanism is able to perform its functions
without interference of any kind;
(c)
Alleged perpetrators of torture and ill-treatment are immediately
suspended from duty for the duration of the investigation, particularly when there is a
risk that they might otherwise be in a position to repeat the alleged act, to commit
reprisals against the alleged victim or to obstruct the investigation;
(d)
Chinese Communist Party Politics and Law Committees are prevented
from undertaking inappropriate or unwarranted interference with the judicial
process (see Basic Principles on the Independence of the Judiciary, para. 4);
(e)
All reports of torture or ill-treatment are promptly, effectively and
impartially investigated;
(f)
Persons suspected of having committed torture or ill-treatment are duly
prosecuted and, if they are found guilty, receive sentences that are commensurate with
the gravity of their acts and victims are afforded appropriate redress.
Deaths in custody and prompt medical treatment in detention
24.
The Committee remains concerned over allegations of death in custody as a result of
torture or resulting from lack of prompt medical care and treatment during detention, as was
reportedly the case of Cao Shunli and Tenzin Delek Rinpoche. It is also concerned over
information that the procedures in place to investigate deaths in custody are often ignored
in practice and relatives face many obstacles to press for an independent autopsy and
investigation or to recover the remains. The Committee regrets that, despite its requests to
the State party’s delegation to provide statistical data on the number of deaths in custody
during the period under review, no information has been received on this subject, or on any
investigations into such deaths. The Committee also regrets the State party’s failure to
provide information on the number of instances in which the procuratorates overturned the
medical appraisals of death due to illness made by prison medical doctors. No information
has been provided either on the number of instances in which relatives of the deceased
7